Lawyer Monthly - September 2022

To briefly summarise, what is workplace dispute mediation and who is it intended to serve? Workplace dispute mediation involves a mediator – who is an independent, professional, unbiased third party – being brought into the workplace to resolve a dispute between the employer and employee. It is an informal, voluntary and confidential process used once informal discussions between the parties have failed to reach a resolution. Workplace mediation can be used at any stage where there is disagreement but is best commenced as soon as an issue presents itself. It must be noted that the process cannot force employees to accept a solution that they do not agree with. It is a method for the parties to find a way to work together in the future, enabling them to have control over the final agreement reached. This agreement can be monitored later by the mediator in conjunction with the human resources or talent manager of the company to see how it is working before holding individual meetings between both parties. Sometimes there can then be a break of a day or two before a further meeting takes place between them. In what ways does the mediation of workplace disputes differ from commercial or civil mediation? The former involves mediating between employers and employees. The mediator will have a discussion with the human resources or talent manager of a company before holding individual meetings between both parties. There can then be a break of a day or two before a further meeting takes place between the parties. The latter involves the mediator working with individuals or businesses to try and resolve a variety of legal disputes. These may include contract or building disputes; will and trust disputes; neighbour disputes; those disputes in Making the Most of Workplace Dispute Mediation 48 LAWYERMONTHLY SEPTEMBER 2022 Despite being recognised as a valid form of dispute resolution since ancient Greek times, it was not until the 1990s that mediation came into play in the UK. Today, it is the most commonly used method of alternative dispute resolution (ADR) – the purpose being to resolve a dispute whilst preserving relationships at the same time. In this article, Rajinder Rai expands on how this process is applicable to workplace disputes. Expert Insight

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